International Coalition Urges UN to Be Active for
Justice for East Timorese

For Immediate Release

Contact: John M. Miller (ETAN), New York +1/917-690-4391;
etan@igc.org

June 1, 2008 - In a letter to UN
Secretary-General Ban Ki-Moon, an international coalition of
more than 90 human rights and other organizations urged the
UN and the international community "to fulfill their
long-standing commitment to see that justice is done for
crimes against humanity committed in Timor-Leste" during
Indonesia's two and one-half decade occupation.

The letter comes as the bi-lateral Commission on Truth and
Friendship (CTF) prepares to hand its report over to the
presidents of Indonesia and Timor-Leste.

The letter said the CTF report "must
not stand as the last word on these issues.... The
right to know (the truth) and the right to justice are
inalienable, and are a bulwark against the culture of
impunity represented by [Indonesia's] Ad Hoc Court and the
CTF."

The letter noted the April release of Eurico Guterres, the
last remaining defendant of Ad Hoc Court. All those tried by
the court have now been acquitted bringing that "farcical
process to an end."

In April, 34 members of the U.S.
Congress urged the U.S. administration to "take a
leadership role" in bringing those responsible for human
rights violations perpetrated against the people of
Timor-Leste during and immediately following the Indonesian
occupation to justice. "If credible trials and appropriate
punishments of those responsible for major human rights
violations are to occur, an international effort is needed,"
they wrote.

The congressional letter specifically urged the U.S. to
respond to the CAVR report. A number of its recommendations
and findings concern the U.S., the UN, and the broader
international community.

His
Excellency Ban Ki-Moon
Secretary-General
The United Nations
1 United Nations Plaza
New York, New York 10017-3515

Your Excellency,

The recent release of former militia leader Eurico Guterres
by the Indonesian Supreme Court brings Indonesia's farcical
process to an end. Meaningful justice to the long-suffering
people of Timor-Leste is long overdue. We urge you to work
to uphold the rule of law and strengthen the democratic
transition in both countries. It time for the United Nations
and the international community to fulfill their
long-standing commitment to see that justice is done for
crimes against humanity committed in Timor-Leste.

As you know, Eurico Guterres was tried by Indonesia's Ad Hoc
Court on charges of murder and persecution as crimes against
humanity along with 17 other defendants. All have now walked
free. Indonesia created this court to deflect demands for an
international tribunal. The UN's Commission of Experts (COE)
conducted a thorough analysis of the Ad Hoc Court,
describing it as "manifestly inadequate." The COE identified
such major flaws as a lack of commitment on the part of the
prosecution, deficient investigations, inadequate
presentation of evidence, a courtroom atmosphere that did
not inspire confidence in the public mind, inconsistent
verdicts, and an unwillingness to utilize sound
jurisprudence. The COE concluded that the Ad Hoc Court "was
not effective in delivering justice", and revealed "scant
respect for or conformity to relevant international
standards". Even one of the judges in the Ad Hoc Court
conceded that it had "not made any significant contribution
to strengthening the rule of law in Indonesia". In this
context, Guterres' acquittal only highlights the flawed
nature of that process.

The "Updated Set of principles for the protection and
promotion of human rights through action to combat impunity"
[E/CN.4/2005/102/Add.1],
states:

"The fact that an
individual has previously been tried in connection with
a serious crime under international law shall not
prevent his or her prosecution with respect to the same
conduct if the purpose of the previous proceedings was
to shield the person concerned from criminal
responsibility, or if those proceedings otherwise were
not conducted independently or impartially in accordance
with the norms of due process recognized by
international law and were conducted in a manner that,
in the circumstances, was inconsistent with an intent to
bring the person concerned to justice."

We submit that both exceptions
apply to the Ad Hoc Court, meaning that those acquitted are
still able to face a credible court. We urge you to work to
establish a meaningful legal process to try those
responsible for crimes against humanity, war crimes and
other serious crimes committed by Indonesian forces during
the occupation of Timor-Leste.

The upcoming report of the flawed, bilateral Commission on
Truth and Friendship (CTF) must not stand as the last word
on these issues. We applaud your predecessor's decision -
reiterated by you - not to confer legitimacy on the CTF. The
right to know (the truth) and the right to justice are
inalienable, and are a bulwark against the culture of
impunity represented by the Ad Hoc Court and the CTF.

The independent Commission for Reception, Truth and
Reconciliation (CAVR) and the UN's Commission of Experts
both recommended the creation of "an ad hoc international
criminal tribunal for Timor-Leste" should Indonesia, under a
strict time frame, continue to fail to credibly prosecute
senior officials responsible for the devastation in 1999.
The Guterres acquittal confirms that the Indonesian
government is unable to deliver justice. We therefore call
upon you to work towards the creation of an ad hoc
international criminal tribunal for those who bear greatest
responsibility for war crimes and crimes against humanity
committed from 1975 onwards, not just in 1999. If this is
not feasible, we urge you to fully reconstitute the Serious
Crimes process, providing it with sufficient resources and
backing. This should be done in accordance with
recommendations 7.1.1 and 7.1.2 of the CAVR Report - namely,
the UN itself should provide the resources and judicial
expertise, not Timor-Leste's court system. Indonesia, which
is currently a member of both the Security Council and UN
Human Rights Council, must extradite for trial those charged
by the Serious Crimes process.

There is overwhelming support for justice for past crimes
within Timor-Leste, especially by the Church, civil society
and victims' associations. Indonesian civil society groups
are also emphatic in their support of the justice agenda,
seeing it as vital to their nation's democratic transition.
We remind you of the Security Council's earlier commitments,
expressed more than seven years ago in Resolutions 1264 and
1272, to bring those responsible to justice. Timor-Leste
faces tremendous difficulties in taking the lead on the
matter of justice in the face of opposition from its
powerful neighbor. The international community, as embodied
in the United Nations, must be involved in addressing these
crimes which violated international criminal law, the UN
charter and Security Council resolutions.

Gustaf Dupe
Chairman, Association of Prison Ministries
Chairman, Law Enforcement Watch
Head, International Communication Department of the
LPR
KROB (Institute of Struggle for the Rahabilitation
of
Victims of the New Order Regime)
Jakarta, Indonesia

Iain Scobbie
Sir Joseph Hotung Research Professor
in Law, Human Rights and Peace Building in the
Middle East
School of Oriental and African Studies, University
of London

Stephanie Koury
Senior Research Fellow and lawyer
School of Oriental and African Studies, London

Jose Manuel Pureza
Member, International Council of IPJET
Professor, International Law and International
Relations, University of Coimbra, Portugal

Maria Ines David
Research Assistant
Centre for the Studies of Migration and Ethnic
Minorities
Lisbon

Thomas Skouteris
Lecturer and Academic Program Coordinator
Master's in Advanced Studies in Public International
Law
Grotius Center, Faculty of Law, Leiden University
The Hague

Dr David WebsterDepartment of History
and Asian Institute
University of Toronto
Jørgen Johansen
Transcend Peace University
European Peace University
Centre for Peace and Reconciliation Studies,
Coventry University